Environmental law and policy in New Jersey have seldom remained in a static condition. Rather, they have continued to evolve due to judicial, executive, and legislative decisions. The most significant of those developments in 2022 are reviewed in this article.
10. Access Statute Clarified
The 1993 Brownfield and Contaminated Site Remediation Act recognized the possibility that some landowners would be unwilling to consent to having their property accessed for environmental investigations. If good-faith efforts were unsuccessful, the remediating party could apply to the Superior Court for an order “directing the property owner to grant reasonable access to the property.” N.J.S.A. 58:10B-16(a)(1).
